Common use of Conflict with Documents Clause in Contracts

Conflict with Documents. Except as disclosed in Schedule 3.10 or ------------- as explicitly provided in this Agreement, the execution, delivery and performance of the Transaction Documents by the Company and the consummation of the transactions contemplated hereby and thereby (including, without limitation, the reservation for issuance and the issuance of the Conversion Shares other than the Conversion Preferred Shares), either immediately or with the passage of time or the giving of notice or both, will not: (a) conflict with or cause a material breach or an Event of Default under any of the terms, conditions or provisions of, result in a termination or modification of, or cause any acceleration of any obligation of the Company under any material contract, lease or other instrument to which the Company is bound or by which any of the Company's properties or assets may be affected; (b) subject to the filing of the Articles Amendment on the Effective Date, result in a violation of the Articles of Incorporation or the By-laws or any statute, law, rule or regulation or any order, judgment or decree to which the Company or any of its properties or assets are subject; or (c) result in the creation or imposition of any lien, charge or encumbrance against the Company or any of the Company's material properties or assets.

Conflict with Documents. Except as disclosed in Schedule 3.10 or ------------- as explicitly provided in this Agreement, the execution, delivery and performance of the Transaction Documents by the Company and the consummation of the transactions contemplated hereby and thereby (including, without limitation, the reservation for issuance and the issuance of the Conversion Shares other than the Conversion Preferred Shares), either immediately or with the passage of time or the giving of notice or both, will not: (a) conflict with or cause a material breach or an Event event of Default default under any of the terms, conditions or provisions of, result in a termination or modification of, or cause any acceleration of any obligation of the Company or the Subsidiaries under any material contractContract, lease or other instrument to which the Company or the Subsidiaries is bound or by which any of the Company's their respective properties or material assets may be affected; (b) subject to the filing of the Articles Amendment on the Effective Date, result in a violation of the Articles articles of Incorporation incorporation or the Byby-laws or other organizational document of the Company or the Subsidiaries or any statute, law, rule or regulation or any order, judgment or decree to which the Company or the Subsidiaries or any of its properties their respective Properties or material assets are subject; or (c) result in the creation or imposition of any lien, charge or encumbrance against the Company or the Subsidiaries or any of the Company's material their respective properties or material assets.